By: Brown S.B. No. 129
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of professional geoscientists; providing
1-2 penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. ADOPTION OF TEXAS GEOSCIENCE PRACTICE ACT. The
1-5 Texas Geoscience Practice Act is adopted to read as follows:
1-6 SUBCHAPTER A. GENERAL PROVISIONS
1-7 Sec. 1.01. SHORT TITLE. This Act may be cited as the Texas
1-8 Geoscience Practice Act.
1-9 Sec. 1.02. DEFINITIONS. In this Act:
1-10 (1) "Board" means the Texas Board of Professional
1-11 Geoscientists.
1-12 (2) "Certified geoscientist" means a geoscientist who
1-13 has been certified by a professional organization, society, or
1-14 association that maintains a geoscientist certification program.
1-15 (3) "Geoscience" means the science of the earth and
1-16 its origin and history, the investigation of the earth's
1-17 environment and its constituent soils, rocks, minerals, fossil
1-18 fuels, solids, and fluids, and the study of the natural and
1-19 introduced agents, forces, and processes that cause changes in and
1-20 on the earth and generally includes the disciplines of geology,
1-21 geophysics, soil science, and physical geography.
1-22 (4) "Geoscientist" means a person qualified to engage
1-23 in the practice of the geosciences because of the person's
1-24 knowledge, acquired through education and practical experience, of
2-1 the geosciences and mathematics and the supporting physical,
2-2 chemical, mineralogical, morphological, and life sciences.
2-3 (5) "Geoscientist-in-training" means an applicant for
2-4 a license under this Act who has met all the license requirements
2-5 except the length of active practice requirement described under
2-6 Subdivision (3) of Section 6.05 of this Act.
2-7 (6) "Licensed geoscientist" means a geoscientist who
2-8 has met the academic and experience qualifications of this Act and
2-9 who has been issued a license as a "Licensed Professional
2-10 Geoscientist" by the board.
2-11 (7) "Performance before the public":
2-12 (A) means providing professional geoscientific
2-13 services:
2-14 (i) to a governmental entity in this
2-15 state;
2-16 (ii) to comply with a rule established by
2-17 this state or a political subdivision of this state for the express
2-18 purpose of protecting the health, safety, or welfare of residents
2-19 of this state; and
2-20 (iii) to the public or a firm or
2-21 corporation in this state if the practitioner assumes the ultimate
2-22 liability for the work product; and
2-23 (B) does not include services provided for the
2-24 express use of a firm or corporation by an employee or consultant
2-25 if the firm or corporation assumes the ultimate liability for the
2-26 work product.
3-1 (8) "Public practice of the geosciences" means the
3-2 performance before the public of geoscientific services or work,
3-3 including consulting, investigating, evaluating, planning, mapping,
3-4 and inspecting geoscientific work and the responsible supervision
3-5 of those tasks.
3-6 (9) "Responsible charge" means the independent control
3-7 and direction of geoscientific work or the supervision of
3-8 geoscientific work by the use of initiative, skill, and independent
3-9 judgment.
3-10 Sec. 1.03. APPLICATION OF SUNSET ACT. The Texas Board of
3-11 Professional Geoscientists is subject to Chapter 325, Government
3-12 Code (Texas Sunset Act). Unless continued in existence as provided
3-13 by that chapter, the board is abolished and this Act expires
3-14 September 1, 2011.
3-15 Sec. 1.04. APPLICATION OF ACT. (a) In this section:
3-16 (1) "Licensed engineer" and "practice of engineering"
3-17 have the meanings assigned those terms by Section 2, The Texas
3-18 Engineering Practice Act (Article 3271a, Vernon's Texas Civil
3-19 Statutes).
3-20 (2) "Professional surveying" has the meaning assigned
3-21 by Section 2, Professional Land Surveying Practices Act (Article
3-22 5282c, Vernon's Texas Civil Statutes).
3-23 (b) This Act does not authorize the practice of professional
3-24 surveying by a licensed geoscientist. This Act does not apply to a
3-25 qualified and registered surveyor who confines the surveyor's
3-26 practice to acts of surveying allowed under the Professional Land
4-1 Surveying Practices Act (Article 5282c, Vernon's Texas Civil
4-2 Statutes).
4-3 (c) This Act does not authorize the practice of engineering
4-4 by a licensed geoscientist.
4-5 (d) This Act does not require a licensed engineer, or a
4-6 person acting under the supervision of a licensed engineer, who
4-7 performs service or work that is both engineering and geoscience to
4-8 be licensed as a geoscientist or to work under the supervision of a
4-9 geoscientist.
4-10 (e) A recommendation, design, analysis, redesign, or review
4-11 and evaluation, the supervision, or a summary analysis of an
4-12 engineered structure or work, the performance of which requires
4-13 engineering education, training, and experience in the application
4-14 of special knowledge of mathematical, physical, and engineering
4-15 sciences, is engineering and is subject to The Texas Engineering
4-16 Practice Act (Article 3271a, Vernon's Texas Civil Statutes).
4-17 (f) This Act does not permit a licensed geoscientist to
4-18 perform an engineering analysis supporting an engineering design
4-19 unless the action is under the supervision of a licensed engineer.
4-20 (g) This Act does not permit a licensed geoscientist to
4-21 provide construction quality control and evaluation, to perform
4-22 materials engineering and testing, or to design, develop, or
4-23 perform engineering review and evaluation of engineering plans and
4-24 engineering specifications for an engineered structure or work
4-25 unless the action is under the supervision of a licensed engineer.
4-26 (h) With regard to an environmental and pollution
5-1 remediation project, this Act:
5-2 (1) permits the characterization, study, appraisal,
5-3 investigation, and geoscientific review and evaluation of and the
5-4 making of recommendations regarding the geoscientific components of
5-5 a project by a licensed geoscientist; and
5-6 (2) does not permit the design, development, or
5-7 performance of engineering review and evaluation of an engineered
5-8 structure, work, or process or related constructed improvements by
5-9 a licensed geoscientist.
5-10 (i) With regard to a geoscientific investigation of
5-11 geological conditions affecting an engineered work, this Act:
5-12 (1) permits the characterization, study, appraisal,
5-13 investigation, and geoscientific review and evaluation of and the
5-14 making of recommendations regarding the geoscientific components of
5-15 a project by a licensed geoscientist; and
5-16 (2) does not permit the design, development, or
5-17 performance of engineering review and evaluation of an engineered
5-18 structure, work, or process or related constructed improvements by
5-19 a licensed geoscientist.
5-20 (j) The board and the Texas Board of Professional Engineers
5-21 by rule, memorandum of agreement, or another appropriate procedure
5-22 or document shall jointly resolve any conflict between this Act or
5-23 a rule adopted under this Act and The Texas Engineering Practice
5-24 Act (Article 3271a, Vernon's Texas Civil Statutes) or a rule
5-25 adopted under that Act.
6-1 SUBCHAPTER B. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
6-2 Sec. 2.01. BOARD MEMBERSHIP. (a) The Texas Board of
6-3 Professional Geoscientists shall administer this Act.
6-4 (b) The board is composed of nine members appointed by the
6-5 governor with the advice and consent of the senate.
6-6 (c) Six members of the board must be geoscientists licensed
6-7 under this Act. To the extent possible, the composition of the
6-8 geoscientists serving on the board must be representative of the
6-9 occupational distribution of geoscientists licensed or regulated
6-10 under this Act.
6-11 (d) Three members of the board must be members of the
6-12 public.
6-13 (e) Appointments to the board shall be made without regard
6-14 to the race, color, disability, sex, religion, age, or national
6-15 origin of the appointees.
6-16 Sec. 2.02. MEMBER ELIGIBILITY. (a) A member of the board
6-17 must:
6-18 (1) be a citizen of the United States;
6-19 (2) have been a resident of this state for at least
6-20 the three years preceding appointment; and
6-21 (3) be at least 25 years of age.
6-22 (b) A person is not eligible for appointment as a public
6-23 member of the board if the person or the person's spouse:
6-24 (1) is registered, certified, or licensed by an
6-25 occupational regulatory agency in the field of geoscience;
6-26 (2) is employed by or participates in the management
7-1 of a business entity or other organization regulated by or
7-2 receiving money from the board;
7-3 (3) owns or controls, directly or indirectly, more
7-4 than a 10 percent interest in a business entity or other
7-5 organization regulated by or receiving money from the board; or
7-6 (4) uses or receives a substantial amount of tangible
7-7 goods, services, or money from the board other than compensation or
7-8 reimbursement authorized by law for board membership, attendance,
7-9 or expenses.
7-10 Sec. 2.03. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
7-11 this section, "society or trade association" means a nonprofit,
7-12 cooperative, and voluntarily joined association of business or
7-13 professional competitors designed to assist its members and its
7-14 industry or profession in dealing with mutual business or
7-15 professional problems and in promoting their common interest.
7-16 (b) A person may not be a member of the board and may not be
7-17 a board employee employed in a "bona fide executive,
7-18 administrative, or professional capacity," as that phrase is used
7-19 in the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
7-20 seq.) and its subsequent amendments, if:
7-21 (1) the person is an officer, employee, or paid
7-22 consultant of a society or trade association in the field of
7-23 geoscience; or
7-24 (2) the person's spouse is an officer, manager, or
7-25 paid consultant of a society or trade association in the field of
7-26 geoscience.
8-1 (c) A person may not be a member of the board or act as the
8-2 general counsel to the board if the person is required to register
8-3 as a lobbyist under Chapter 305, Government Code, because of the
8-4 person's activities for compensation on behalf of a profession
8-5 related to the operation of the board.
8-6 Sec. 2.04. TERMS. (a) Members of the board serve staggered
8-7 six-year terms, with the terms of three members expiring February 1
8-8 of each odd-numbered year.
8-9 (b) A member of the board may not serve more than two
8-10 consecutive full terms.
8-11 Sec. 2.05. GROUNDS FOR REMOVAL. (a) It is a ground for
8-12 removal from the board if:
8-13 (1) the member is no longer qualified for appointment
8-14 to the board;
8-15 (2) the member engages in misconduct, is determined
8-16 incompetent, neglects the member's official duties, or engages in
8-17 malfeasance;
8-18 (3) the member commits a felony or a violation of this
8-19 Act resulting in disciplinary action; or
8-20 (4) the member fails without excuse to attend at least
8-21 half of the regularly scheduled meetings held in a calendar year
8-22 while the member is a member of the board.
8-23 (b) The validity of an action of the board is not affected
8-24 by the fact that it is taken when a ground for removal of a board
8-25 member exists.
8-26 (c) If the executive director has knowledge that a potential
9-1 ground for removal exists, the executive director shall notify the
9-2 presiding officer of the board of the potential ground. The
9-3 presiding officer shall then notify the governor and the attorney
9-4 general that a potential ground for removal exists. If the
9-5 potential ground for removal involves the presiding officer, the
9-6 executive director shall notify the assistant presiding officer,
9-7 who shall then notify the governor and the attorney general that a
9-8 potential ground for removal exists.
9-9 Sec. 2.06. REIMBURSEMENT FOR TRAVEL EXPENSES. A member of
9-10 the board is entitled to reimbursement for the travel expenses
9-11 incurred by the member while conducting the business of the board,
9-12 as provided by the General Appropriations Act.
9-13 Sec. 2.07. OFFICERS. (a) The board shall elect biennially
9-14 from its own membership a presiding officer, assistant presiding
9-15 officer, and secretary-treasurer. A member may not hold one of
9-16 these positions for more than two consecutive two-year periods. A
9-17 member serves in the position at the will of the board and may be
9-18 removed from the position by a two-thirds majority vote of the
9-19 board.
9-20 (b) The board may appoint an assistant secretary and other
9-21 assistants who are not members of the board to assist the board and
9-22 exercise its authority in carrying out the board's powers and
9-23 duties.
9-24 Sec. 2.08. OFFICE. The board shall maintain its office in
9-25 Austin.
9-26 Sec. 2.09. MEETINGS. The board shall hold two or more
10-1 regular meetings in each calendar year. A special meeting may be
10-2 held at a time permitted by rule of the board.
10-3 Sec. 2.10. TRAINING. (a) A person who is appointed to and
10-4 qualifies for office as a member of the board may not vote,
10-5 deliberate, or be counted as a member in attendance at a meeting of
10-6 the board until the person completes a training program that
10-7 complies with this section.
10-8 (b) The training program must provide the person with
10-9 information regarding:
10-10 (1) the legislation that created the board;
10-11 (2) the programs operated by the board;
10-12 (3) the role and functions of the board;
10-13 (4) the rules of the board, with an emphasis on the
10-14 rules that relate to disciplinary and investigatory authority;
10-15 (5) the current budget for the board;
10-16 (6) the results of the most recent formal audit of the
10-17 board;
10-18 (7) the requirements of:
10-19 (A) the open meetings law, Chapter 551,
10-20 Government Code;
10-21 (B) the public information law, Chapter 552,
10-22 Government Code;
10-23 (C) the administrative procedure law, Chapter
10-24 2001, Government Code; and
10-25 (D) other laws relating to public officials,
10-26 including conflict-of-interest laws; and
11-1 (8) any applicable ethics policies adopted by the
11-2 board or the Texas Ethics Commission.
11-3 (c) A person appointed to the board is entitled to
11-4 reimbursement, as provided by the General Appropriations Act, for
11-5 the travel expenses incurred in attending the training program
11-6 regardless of whether the attendance at the program occurs before
11-7 or after the person qualifies for office.
11-8 SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
11-9 Sec. 3.01. EXECUTIVE DIRECTOR. The board shall appoint an
11-10 executive director, who shall be responsible for managing the
11-11 day-to-day affairs of the board, including:
11-12 (1) arranging for and supervising the necessary
11-13 support, secretarial, and clerical services;
11-14 (2) obtaining space for holding examinations,
11-15 meetings, and conferences;
11-16 (3) printing or purchasing examinations;
11-17 (4) printing and mailing forms, information, and
11-18 licenses;
11-19 (5) sending notices, collecting fees, and issuing
11-20 receipts;
11-21 (6) conducting the correspondence of the board,
11-22 including replying to routine requests for information;
11-23 (7) maintaining the minutes and records of the board;
11-24 (8) keeping records of receipts and disbursements; and
11-25 (9) providing necessary investigative services.
11-26 Sec. 3.02. RECEIPTS AND DISBURSEMENTS; ACCOUNT. (a) The
12-1 executive director shall receive, administer, and account for all
12-2 money received under this Act and shall transfer the money to the
12-3 comptroller.
12-4 (b) All money paid to the board under this Act shall be
12-5 deposited to the credit of the professional geoscientists' fund
12-6 account in the general revenue fund. The account shall be
12-7 maintained in accordance with the accounting procedures of, and is
12-8 subject to audit by, the comptroller. Interest earned on money
12-9 deposited to the credit of the account shall be credited to the
12-10 account.
12-11 (c) Money in the account may be used only to pay the
12-12 expenses incurred by the board in the administration and
12-13 enforcement of this Act.
12-14 (d) The executive director shall file annually with the
12-15 comptroller a written report accounting for all receipts,
12-16 expenditures, and account balances.
12-17 Sec. 3.03. SEPARATION OF RESPONSIBILITIES. The board shall
12-18 develop and implement policies that clearly separate the
12-19 policymaking responsibilities of the board and the management
12-20 responsibilities of the executive director and the staff of the
12-21 board.
12-22 Sec. 3.04. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
12-23 executive director or the executive director's designee shall
12-24 provide to members of the board and to board employees, as often as
12-25 necessary, information regarding the requirements for office or
12-26 employment under this Act, including information regarding a
13-1 person's responsibilities under applicable laws relating to
13-2 standards of conduct for state officers or employees.
13-3 Sec. 3.05. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
13-4 (a) The executive director or the executive director's designee
13-5 shall develop an intra-agency career ladder program that addresses
13-6 opportunities for mobility and advancement of employees within the
13-7 board. The program must require intra-agency posting of all
13-8 positions concurrently with any public posting.
13-9 (b) The executive director or the executive director's
13-10 designee shall develop a system of annual performance evaluations
13-11 based on documented employee performance. All decisions regarding
13-12 merit pay for a board employee must be based on that system.
13-13 Sec. 3.06. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The
13-14 board or the board's designee shall prepare and maintain a written
13-15 policy statement that implements a program of equal employment
13-16 opportunity to ensure that all personnel decisions are made without
13-17 regard to race, color, disability, sex, religion, age, or national
13-18 origin.
13-19 (b) The policy statement must include:
13-20 (1) personnel policies, including policies relating to
13-21 recruitment, evaluation, selection, training, and promotion of
13-22 personnel, that show the intent of the board to avoid the unlawful
13-23 employment practices described by Chapter 21, Labor Code; and
13-24 (2) an analysis of the extent to which the composition
13-25 of the board's personnel is in accordance with state and federal
13-26 law and a description of reasonable methods to achieve compliance
14-1 with state and federal law.
14-2 (c) The policy statement must:
14-3 (1) be updated annually;
14-4 (2) be reviewed by the state Commission on Human
14-5 Rights for compliance with Subdivision (1) of Subsection (b) of
14-6 this section; and
14-7 (3) be filed with the governor's office.
14-8 SUBCHAPTER D. BOARD POWERS AND DUTIES
14-9 Sec. 4.01. GENERAL RULEMAKING AUTHORITY. The board may
14-10 adopt and enforce rules consistent with this Act and necessary for
14-11 the performance of its duties.
14-12 Sec. 4.02. FEES. The board may set reasonable and necessary
14-13 fees to be charged applicants and license holders under this Act,
14-14 including fees for application, examination, licensure, and renewal
14-15 of a license.
14-16 Sec. 4.03. CODE OF PROFESSIONAL CONDUCT. (a) The board by
14-17 rule shall adopt a code of professional conduct that is binding on
14-18 all license holders under this Act.
14-19 (b) The board may enforce the code by imposing sanctions as
14-20 provided by this Act.
14-21 Sec. 4.04. ENFORCEMENT. (a) The board shall enforce this
14-22 Act. Any member of the board may present to a prosecuting officer
14-23 a complaint relating to a violation of this Act. The board through
14-24 its members, officers, counsel, or agents may assist in the trial
14-25 of a case involving the violation of this Act, subject to the
14-26 control of the prosecuting officer.
15-1 (b) The board may administer oaths and affirmations and
15-2 issue subpoenas to compel the attendance of witnesses and the
15-3 production of evidence.
15-4 (c) The attorney general shall act as legal advisor to the
15-5 board and shall render legal assistance as necessary in enforcing
15-6 this Act.
15-7 Sec. 4.05. RECOGNITION OF USE OF DESIGNATIONS. (a) The
15-8 board by rule may recognize the use of the designations used by a
15-9 professional organization, society, or association that maintains a
15-10 geoscientist certification program if:
15-11 (1) the requirements for that certification are
15-12 acceptable to the board;
15-13 (2) the full name or recognized abbreviation of the
15-14 organization, society, or association granting the certification is
15-15 stated following or in conjunction with the use of the designation
15-16 or abbreviation; and
15-17 (3) the designation or abbreviation is not used in a
15-18 manner that is misleading or that creates an impression that the
15-19 person is licensed to practice geoscience before the public unless
15-20 the person is licensed under this Act.
15-21 (b) The board by rule shall recognize the title "geological
15-22 engineer," "geotechnical engineer," "hydraulic engineer," or
15-23 "agricultural engineer" or another legitimate engineering title as
15-24 a legitimate engineering title separate from the geosciences, the
15-25 use of which requires licensure as a professional engineer.
15-26 Sec. 4.06. ESTABLISHMENT OF DISCIPLINES. The board by rule
16-1 shall establish the criteria and appropriate requirements for
16-2 licensure in the various disciplines of the geosciences, including
16-3 geology, geophysics, soil science, and physical geography.
16-4 Sec. 4.07. AGREEMENTS TO DEVELOP UNIFORM STANDARDS. The
16-5 board may enter into agreements with licensing or registration
16-6 boards in other states and other appropriate organizations,
16-7 societies, associations, and agencies to develop uniform standards
16-8 for:
16-9 (1) the licensing or registration of geoscientists;
16-10 (2) accrediting educational programs;
16-11 (3) establishing reciprocal and temporary licenses;
16-12 (4) developing regional or national examinations;
16-13 (5) evaluating applicants; or
16-14 (6) another purpose consistent with this Act.
16-15 Sec. 4.08. AUTHORITY TO INCUR ADMINISTRATIVE EXPENSES. In
16-16 connection with the administration of this Act, the board may:
16-17 (1) appoint committees;
16-18 (2) employ personnel, contractors, and consultants;
16-19 (3) lease or purchase furnishings, equipment, and
16-20 supplies;
16-21 (4) lease office space; and
16-22 (5) incur other similar expenses.
16-23 Sec. 4.09. ROSTER OF LICENSE HOLDERS. (a) The board shall
16-24 maintain a roster stating the name and place of business of each
16-25 licensed geoscientist.
16-26 (b) The board shall maintain copies of the roster and shall
17-1 provide a copy on request to a state agency, a county or municipal
17-2 clerk or building official, or a license or certificate holder.
17-3 (c) The board shall provide a copy of the roster to another
17-4 person on written request, subject to payment of a reasonable fee
17-5 set by the board.
17-6 Sec. 4.10. LIST OF GOVERNMENTAL ENTITIES WITH COMPARABLE
17-7 REQUIREMENTS AND WITH WHICH RECIPROCITY AGREEMENT EXISTS. The
17-8 board shall maintain a list of each state, territory, or possession
17-9 of the United States, the District of Columbia, or foreign country
17-10 in which the requirements and qualifications for licensure or
17-11 registration are comparable to those established in this state and
17-12 with which a reciprocity agreement exists.
17-13 SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
17-14 Sec. 5.01. PUBLIC INTEREST INFORMATION. The board shall:
17-15 (1) prepare information of public interest describing:
17-16 (A) the regulatory functions of the board; and
17-17 (B) the board's procedures by which complaints
17-18 are filed with and resolved by the board; and
17-19 (2) make the information available to the public and
17-20 appropriate state agencies.
17-21 Sec. 5.02. COMPLAINTS. (a) A person may bring a complaint
17-22 alleging a violation of this Act or a rule adopted under this Act.
17-23 (b) A complaint must be:
17-24 (1) in writing;
17-25 (2) sworn to by the person making the complaint; and
17-26 (3) filed with the secretary-treasurer.
18-1 (c) The board shall maintain a file on each complaint filed
18-2 with the board. The file must include:
18-3 (1) the name of the person who filed the complaint;
18-4 (2) the date the complaint is received by the board;
18-5 (3) the subject matter of the complaint;
18-6 (4) the name of each person contacted in relation to
18-7 the complaint;
18-8 (5) a summary of the results of the review or
18-9 investigation of the complaint; and
18-10 (6) an explanation of the reason the file was closed,
18-11 if the board closed the file without taking action other than to
18-12 investigate the complaint.
18-13 (d) The board shall provide to the person filing the
18-14 complaint and to each person who is a subject of the complaint a
18-15 copy of the board's policies and procedures relating to complaint
18-16 investigation and resolution.
18-17 (e) The board shall investigate all complaints brought to
18-18 its attention and may employ investigators, expert witnesses, and
18-19 hearing officers, appoint advisory committees, and conduct hearings
18-20 to determine whether disciplinary or other action should be taken.
18-21 (f) The board, at least quarterly until final disposition of
18-22 the complaint, shall notify the person filing the complaint and
18-23 each person who is a subject of the complaint of the status of the
18-24 investigation unless the notice would jeopardize an undercover
18-25 investigation.
18-26 Sec. 5.03. PUBLIC PARTICIPATION. The board shall develop
19-1 and implement policies that provide the public with a reasonable
19-2 opportunity to appear before the board and to speak on any issue
19-3 under the jurisdiction of the board.
19-4 SUBCHAPTER F. LICENSE REQUIREMENTS
19-5 Sec. 6.01. LICENSE REQUIRED. (a) Unless exempted by this
19-6 Act, a person may not engage in the public practice of the
19-7 geosciences unless the person holds a license issued under this
19-8 Act.
19-9 (b) Unless the person is licensed under this Act, a person
19-10 may not:
19-11 (1) use the term "Licensed Professional Geoscientist"
19-12 or the initials "P.G." as part of a professional, business, or
19-13 commercial identification or title; or
19-14 (2) otherwise represent to the public that the person
19-15 is qualified to:
19-16 (A) practice as a geoscientist; or
19-17 (B) engage in the practice of the geosciences.
19-18 (c) A person may not take responsible charge of a
19-19 geoscientific report or a geoscientific portion of a report
19-20 required by municipal or county ordinance, state or federal law,
19-21 state agency rule, or federal regulation that incorporates or is
19-22 based on a geoscientific study or geoscientific data unless the
19-23 person is licensed under this Act or exempt under Section 1.04 or
19-24 6.02 of this Act.
19-25 Sec. 6.02. EXEMPTIONS. The following activities do not
19-26 require a license under this Act:
20-1 (1) geoscientific work performed by an employee or a
20-2 subordinate of a license holder under this Act if the work does not
20-3 include the responsible charge of geoscientific work and is
20-4 performed under the direct supervision of a licensed geoscientist
20-5 who is responsible for the work;
20-6 (2) geoscientific work performed by an officer or
20-7 employee of the United States practicing solely as such an officer
20-8 or employee;
20-9 (3) geoscientific work performed exclusively in
20-10 exploring for and developing oil, gas, or other energy resources,
20-11 base metals, or precious or nonprecious minerals, including sand,
20-12 gravel, or aggregate, if the work is done in and for the benefit of
20-13 private industry;
20-14 (4) geoscientific research conducted through an
20-15 academic institution, state or federal governmental agency,
20-16 nonprofit research institution, or for-profit organization that
20-17 includes submitting a report on the research to a public agency
20-18 unless the work is covered by Subsection (c) of Section 6.01 of
20-19 this Act;
20-20 (5) teaching the geosciences or a related physical or
20-21 natural science;
20-22 (6) work customarily performed by a cartographer or a
20-23 physical or natural scientist, including a chemist, archaeologist,
20-24 geographer, or oceanographer, if the work does not include the
20-25 planning and execution of a geoscientific investigation, involve
20-26 the scientist's being in responsible charge of geoscientific work,
21-1 or require drawing geoscientific conclusions;
21-2 (7) testifying or preparing and presenting an exhibit
21-3 or document for the sole purpose of being placed in evidence before
21-4 an administrative or judicial tribunal or hearing if the testimony,
21-5 exhibit, or document does not imply that the person is licensed
21-6 under this Act;
21-7 (8) the evaluation by a state agency as defined by
21-8 Section 2001.003, Government Code, or a hearing examiner of an
21-9 exhibit or document offered or placed in evidence before an
21-10 administrative tribunal; or
21-11 (9) the determination of the suitability of a site for
21-12 a specific on-site sewage disposal system by a site evaluator
21-13 certified by the Texas Natural Resource Conservation Commission.
21-14 Sec. 6.03. LICENSE APPLICATION. (a) An applicant for a
21-15 license as a geoscientist, including an applicant for a temporary
21-16 or reciprocal license, must apply on a form prescribed by the board
21-17 that is signed and sworn to by the applicant before a notary
21-18 public.
21-19 (b) The application must be accompanied by the appropriate
21-20 application fee and include:
21-21 (1) information concerning the applicant's education;
21-22 (2) a detailed summary of the applicant's work
21-23 experience in the geosciences;
21-24 (3) a signed statement that the applicant has read and
21-25 will comply with the code of professional conduct adopted under
21-26 this Act; and
22-1 (4) not fewer than five reference letters, of which
22-2 not fewer than three are from geoscientists who have personal
22-3 knowledge of the applicant's work experience in the geosciences.
22-4 Sec. 6.04. EXAMINATIONS. (a) The board may prepare,
22-5 administer, and grade oral and written examinations required or
22-6 permitted under this Act.
22-7 (b) The board may adopt or recognize, in whole or in part,
22-8 an examination prepared, administered, or graded by another
22-9 organization, on a regional or national basis, that the board
22-10 determines appropriate to measure the qualifications of an
22-11 applicant for a license as a geoscientist if:
22-12 (1) the examination questions, the correct answers,
22-13 and the applicant's completed examination are available to the
22-14 board; and
22-15 (2) the board retains the authority to determine a
22-16 passing grade for a license in this state.
22-17 Sec. 6.05. LICENSE ELIGIBILITY. To be eligible for a
22-18 license as a geoscientist, an applicant must:
22-19 (1) be of good moral and ethical character as attested
22-20 to by letters of reference submitted in behalf of the applicant or
22-21 as otherwise determined by the board;
22-22 (2) have:
22-23 (A) graduated from a course of study in
22-24 geoscience satisfactory to the board of at least four years that
22-25 includes at least 30 semester hours or 45 quarter hours of credit
22-26 in geoscience; or
23-1 (B) satisfactorily completed other equivalent
23-2 educational requirements as determined by the board;
23-3 (3) have a documented record of at least four years of
23-4 qualifying work experience in geoscience, as provided by Section
23-5 6.06 of this Act, that demonstrates that the applicant is qualified
23-6 to assume responsible charge for geoscientific work;
23-7 (4) have passed an examination required by the board
23-8 covering the fundamentals and practice of the appropriate
23-9 discipline of the geosciences; and
23-10 (5) meet any other requirements established by the
23-11 board.
23-12 Sec. 6.06. QUALIFYING EXPERIENCE. The board shall apply the
23-13 following standards in evaluating the experience of an applicant
23-14 for a license as a geoscientist under Section 6.05 of this Act:
23-15 (1) each year of experience in professional practice
23-16 acceptable to the board, under the direct supervision of a
23-17 geoscientist who is licensed in this state or in another state
23-18 under requirements for licensure or registration that are
23-19 comparable to those in this Act or under the direct supervision of
23-20 a geoscientist who meets the educational and experience
23-21 requirements for licensure but is not required to be licensed under
23-22 this Act, constitutes one year of professional experience in the
23-23 geosciences; and
23-24 (2) each year of experience in professional practice
23-25 acceptable to the board and acquired before September 1, 2000,
23-26 constitutes one year of professional experience in the geosciences
24-1 if the experience:
24-2 (A) was acquired under the direct supervision of
24-3 a geoscientist who meets the educational and experience
24-4 requirements for a license under this Act or is licensed or
24-5 registered under comparable requirements in another state; or
24-6 (B) would constitute the responsible charge of
24-7 professional geoscientific work as determined by the board.
24-8 Sec. 6.07. GRADUATE STUDY, RESEARCH, AND TEACHING
24-9 EXPERIENCE. (a) Each year of full-time graduate study in the
24-10 geosciences that is acceptable to the board constitutes one year of
24-11 professional experience in the geosciences. Not more than two
24-12 years of full-time graduate study may be accepted by the board for
24-13 professional experience for a single applicant.
24-14 (b) The board may accept geoscientific research or teaching
24-15 by a person studying the geosciences at the college or university
24-16 level as qualifying experience if the research or teaching, in the
24-17 judgment of the board, is comparable to experience obtained in the
24-18 practice of the geosciences.
24-19 Sec. 6.08. RECIPROCAL LICENSE. (a) The board by rule shall
24-20 authorize the licensing of a person who has not met the examination
24-21 requirement of Subdivision (4) of Section 6.05 of this Act if the
24-22 person is licensed or registered to practice the geosciences under
24-23 the law of another state, a territory or possession of the United
24-24 States, the District of Columbia, or a foreign country.
24-25 (b) The board may issue a license to an applicant who
24-26 provides proof of licensure or registration under requirements that
25-1 the board determines to be substantially similar to those
25-2 established by this Act and who pays the required fees.
25-3 Sec. 6.09. TEMPORARY LICENSE. (a) The board may issue a
25-4 temporary license to a person who:
25-5 (1) is not a resident of this state and does not have
25-6 an established place of business in this state who seeks to
25-7 practice the geosciences in this state for a temporary period; or
25-8 (2) applies for a reciprocal license and who seeks to
25-9 practice the geosciences pending a determination on the application
25-10 for the reciprocal license.
25-11 (b) An applicant for a temporary license must:
25-12 (1) apply to the board for a temporary license,
25-13 provide proof of licensure or registration in another state, the
25-14 District of Columbia, a territory or possession of the United
25-15 States, or a foreign country, and pay the required fees;
25-16 (2) agree to comply with the signature requirements of
25-17 Subsection (b) of Section 6.14 of this Act and to affix the
25-18 person's seal from the jurisdiction in which the person is licensed
25-19 or registered on all work completed while practicing under the
25-20 temporary license; and
25-21 (3) file the required information and reports and
25-22 comply with other requirements established by the board concerning
25-23 the person's temporary practice.
25-24 (c) A temporary license issued to a nonresident described by
25-25 Subdivision (1) of Subsection (a) of this section expires on the
25-26 90th day after the date of issuance. A temporary license issued to
26-1 an applicant for a reciprocal license expires on the date the
26-2 reciprocal license is issued or denied.
26-3 Sec. 6.10. WAIVER OF REQUIREMENTS. (a) Except for the
26-4 payment of a required fee, the board may waive any of the
26-5 requirements for licensure by a two-thirds vote of the entire board
26-6 on the written request of an applicant and a showing of good cause
26-7 if the board determines that the applicant is otherwise qualified
26-8 for a license as a geoscientist.
26-9 (b) Each requirement waived under this section and the basis
26-10 for the waiver must be recorded in the applicant's record and in
26-11 the proceedings of the board.
26-12 Sec. 6.11. CONFIDENTIALITY OF CERTAIN INFORMATION. A
26-13 statement made by a person who provides a reference for an
26-14 applicant for a license under this Act or provides any information
26-15 compiled by or submitted to the board relating to an applicant is
26-16 privileged and confidential and may be used only by the board or an
26-17 employee or agent of the board who is directly involved in the
26-18 application or licensure process. Confidential information under
26-19 this section is not subject to discovery, subpoena, or other
26-20 disclosure in any proceeding.
26-21 Sec. 6.12. ISSUANCE OF LICENSE. (a) The board shall issue
26-22 a license to an applicant who meets the requirements of this Act on
26-23 payment of the applicable license fee.
26-24 (b) The license must:
26-25 (1) show the full name of the license holder;
26-26 (2) have a serial number;
27-1 (3) state the license holder's discipline; and
27-2 (4) be signed by an appropriate officer of the board
27-3 under the board's seal.
27-4 (c) The issuance by the board of a license is prima facie
27-5 evidence that during the term of the license the license holder is
27-6 entitled to:
27-7 (1) all the rights and privileges of a licensed
27-8 geoscientist; and
27-9 (2) practice the geosciences as a firm or corporation.
27-10 Sec. 6.13. LICENSE DURATION; EXPIRATION. (a) A license is
27-11 valid for a period not to exceed three years and expires according
27-12 to a schedule established by rule by the board.
27-13 (b) On expiration, a license is invalid and may not be
27-14 renewed except as provided by this Act.
27-15 Sec. 6.14. SEAL. (a) On issuance of a license, the license
27-16 holder must obtain a seal of a design established by the board
27-17 bearing:
27-18 (1) the license holder's name;
27-19 (2) the license number;
27-20 (3) the words "Licensed Professional Geoscientist";
27-21 and
27-22 (4) the license holder's discipline.
27-23 (b) Geoscientific reports, documents, and other records, as
27-24 defined by the board, that are offered to the public and prepared
27-25 or issued by or under the supervision of a licensed geoscientist
27-26 must include the full name, signature, and license number of the
28-1 license holder who prepared the document or under whose supervision
28-2 it was prepared and an impression of the license holder's seal in
28-3 accordance with rules adopted by the board.
28-4 Sec. 6.15. REPLACEMENT OF LOST, DESTROYED, OR MUTILATED
28-5 LICENSE. The board shall issue a new license to replace a license
28-6 that has been lost, destroyed, or mutilated, subject to the rules
28-7 and fees adopted by the board.
28-8 SUBCHAPTER G. LICENSE RENEWAL
28-9 Sec. 7.01. LICENSE RENEWAL. (a) Not later than the 60th
28-10 day before the date the license expires, the board shall notify a
28-11 license holder of:
28-12 (1) the date the license expires; and
28-13 (2) the amount of the fee required for renewal.
28-14 (b) The board shall renew the license of a license holder
28-15 who before the date the license expires or within a period not to
28-16 exceed 60 days after the expiration date:
28-17 (1) submits the required renewal application and fee
28-18 and a penalty for late renewal if required; and
28-19 (2) meets the requirements for renewal established by
28-20 the board.
28-21 (c) The board by rule may establish conditions and fees for
28-22 the reissuance of a license that has lapsed, expired, or been
28-23 suspended or revoked.
28-24 Sec. 7.02. CONTINUING PROFESSIONAL EDUCATION. As a
28-25 condition for renewal of a license, the board may require each
28-26 license holder to participate in continuing professional education
29-1 on a periodic or other basis.
29-2 SUBCHAPTER H. PUBLIC PRACTICE OF THE GEOSCIENCES
29-3 Sec. 8.01. PUBLIC PRACTICE OF THE GEOSCIENCES BY FIRM OR
29-4 CORPORATION. (a) Except for an engineering firm excluded from the
29-5 application of this Act under Section 1.04 of this Act, a firm or
29-6 corporation may engage in the public practice of the geosciences
29-7 only if:
29-8 (1) the geoscientific work is performed by or under
29-9 the supervision of a geoscientist licensed to practice the
29-10 geosciences who is in responsible charge of the work and who signs
29-11 and seals all documents as required by this Act; or
29-12 (2) the principal business of the firm or corporation
29-13 is the public practice of the geosciences as determined by board
29-14 rule and a principal of the firm or an officer or director of the
29-15 corporation is licensed as a geoscientist and has overall
29-16 supervision and control of the geoscientific work performed in this
29-17 state.
29-18 (b) The board may adopt rules relating to the practice of
29-19 the geosciences by a firm or corporation. Rules adopted under this
29-20 section must recognize that this Act does not apply to a licensed
29-21 professional engineer or engineering firm that performs service or
29-22 work that is both engineering and geoscience. A firm that engages
29-23 in the practice of both engineering and geoscience is exempt from
29-24 any firm registration requirements created under this subsection.
29-25 (c) Except as provided by this section, an individual, firm,
29-26 or corporation may not represent to the public that the individual,
30-1 firm, or corporation is a licensed geoscientist or able to perform
30-2 geoscientific services or prepare a report or other document that
30-3 requires the signature and seal of a license holder under
30-4 Subsection (b) of Section 6.14 of this Act.
30-5 SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY
30-6 ACTIONS AND PROCEDURE
30-7 Sec. 9.01. DENIAL OF LICENSE. (a) The board may deny a
30-8 license:
30-9 (1) to an applicant who fails to satisfy a requirement
30-10 of this Act; or
30-11 (2) on a determination by the board that there is
30-12 probable cause to believe that an applicant has violated:
30-13 (A) this Act;
30-14 (B) a provision of this Act to which a license
30-15 holder would be subject; or
30-16 (C) a comparable provision in the licensing or
30-17 registration law of another state.
30-18 (b) The board may not issue a license pending the
30-19 disposition of a complaint alleging a violation in this or another
30-20 state if the board has notice of the alleged violation.
30-21 (c) The board shall notify an applicant who is denied a
30-22 license of the reason for denial in writing not later than the 30th
30-23 day after the date of the board's decision. Not later than the
30-24 30th day after the date of receipt of the notice, the applicant may
30-25 make a written request for a hearing. In the absence of a request
30-26 for a hearing, the board's action is final.
31-1 Sec. 9.02. GROUNDS FOR DISCIPLINARY ACTION. The board may
31-2 impose appropriate sanctions for:
31-3 (1) the practice of fraud or deceit in obtaining a
31-4 license as a geoscientist;
31-5 (2) incompetence, misconduct, fraud, gross negligence,
31-6 or repeated incidents of negligence in the public practice of the
31-7 geosciences;
31-8 (3) conviction of a license holder of a crime
31-9 involving moral turpitude or a felony;
31-10 (4) the imposition of an administrative or civil
31-11 penalty or a criminal fine, or the imprisonment or probation
31-12 instead of a fine, for a misdemeanor relating to or arising out of
31-13 the public practice of the geosciences;
31-14 (5) the issuance of a cease and desist order or a
31-15 similar sanction relating to or arising out of the public practice
31-16 of the geosciences;
31-17 (6) using the seal of another license holder or using
31-18 or allowing the use of the license holder's seal on geoscientific
31-19 work not performed by or under the supervision of the license
31-20 holder;
31-21 (7) aiding or abetting a person in a violation of this
31-22 Act;
31-23 (8) the revocation or suspension of a license, the
31-24 denial of renewal of a license, or other disciplinary action taken
31-25 by a state agency, board of registration, or similar licensing
31-26 agency for geoscientists or a profession or occupation related to
32-1 the public practice of the geosciences;
32-2 (9) practicing or offering to practice geoscience or
32-3 representing to the public that the person or the person's firm or
32-4 corporation is licensed or qualified to practice geoscience if the
32-5 person is not licensed under this Act or the person's firm or
32-6 corporation does not employ a licensed geoscientist as required
32-7 under this Act; or
32-8 (10) violating this Act, a rule adopted under this
32-9 Act, including the code of professional conduct, or a comparable
32-10 provision of the laws or rules regulating the practice of
32-11 geoscience in another state or country.
32-12 Sec. 9.03. DISCIPLINARY ACTIONS. (a) The board may take
32-13 the following disciplinary actions:
32-14 (1) refuse to issue or renew a license;
32-15 (2) permanently revoke a license;
32-16 (3) suspend a license for a specified time, not to
32-17 exceed three years, to take effect immediately notwithstanding an
32-18 appeal if the board determines that the license holder's continued
32-19 practice constitutes an imminent danger to the public health,
32-20 safety, or welfare;
32-21 (4) issue a public or private reprimand to an
32-22 applicant, a license holder, or an individual, firm, or corporation
32-23 practicing geoscience under this Act;
32-24 (5) impose limitations, conditions, or restrictions on
32-25 the practice of an applicant, a license holder, or an individual,
32-26 firm, or corporation practicing geoscience under this Act;
33-1 (6) require that a license holder participate in a
33-2 peer review program under rules adopted by the board;
33-3 (7) require that a license holder obtain remedial
33-4 education and training prescribed by the board;
33-5 (8) impose probation on a license holder requiring
33-6 regular reporting to the board;
33-7 (9) require restitution, in whole or in part, of
33-8 compensation or fees earned by a license holder, individual, firm,
33-9 or corporation practicing geoscience under this Act;
33-10 (10) impose an appropriate administrative penalty for
33-11 a violation of this Act or a rule adopted under this Act on a
33-12 license holder or a person who is not licensed and is not exempt
33-13 from licensure under this Act; or
33-14 (11) issue a cease and desist order.
33-15 (b) The board may not impose a sanction for a ground
33-16 described by Subdivision (8) of Section 9.02 of this Act that
33-17 exceeds in severity or duration the sanction on which the board's
33-18 action is based.
33-19 Sec. 9.04. RIGHT TO HEARING. A person whose license the
33-20 board proposes to suspend or revoke is entitled to a hearing.
33-21 Sec. 9.05. REINSTATEMENT. (a) On application, the board
33-22 may reinstate a license to engage in the public practice of the
33-23 geosciences to a person whose license has been revoked if a
33-24 majority of the entire board votes in favor of the reinstatement.
33-25 (b) As a condition for reinstatement, the board may:
33-26 (1) review the applicant's qualifications and
34-1 experience;
34-2 (2) require continuing professional education;
34-3 (3) conduct a reexamination on a periodic or other
34-4 basis; or
34-5 (4) require other evidence of the competence of the
34-6 applicant.
34-7 SUBCHAPTER J. ADMINISTRATIVE PENALTY
34-8 Sec. 10.01. IMPOSITION OF PENALTY. The board may impose an
34-9 administrative penalty against a person licensed under this Act or
34-10 any other person who violates this Act or a rule or order adopted
34-11 under this Act.
34-12 Sec. 10.02. AMOUNT OF PENALTY. (a) The board may include
34-13 in the amount of the administrative penalty the actual costs of
34-14 investigating and prosecuting the violation.
34-15 (b) The amount of the penalty may not exceed $3,000 for each
34-16 violation. Each day a violation continues or occurs is a separate
34-17 violation for purposes of imposing a penalty.
34-18 (c) The amount of the penalty shall be based on:
34-19 (1) the seriousness of the violation, including:
34-20 (A) the nature, circumstances, extent, and
34-21 gravity of any prohibited acts; and
34-22 (B) the hazard or potential hazard created to
34-23 the health, safety, or economic welfare of the public;
34-24 (2) the economic harm to property or the environment
34-25 caused by the violation;
34-26 (3) the history of previous violations;
35-1 (4) the amount necessary to deter a future violation;
35-2 (5) efforts or resistance to efforts to correct the
35-3 violation; and
35-4 (6) any other matter that justice may require.
35-5 Sec. 10.03. PROCEDURAL RULES. (a) The board shall adopt
35-6 rules of procedure for the imposition of an administrative penalty.
35-7 (b) Rules adopted under this section must conform to the
35-8 requirements of Chapter 2001, Government Code.
35-9 Sec. 10.04. OPTIONS FOLLOWING FINAL ORDER: PAY OR APPEAL.
35-10 (a) Not later than the 30th day after the date the board's order
35-11 becomes final, the person shall:
35-12 (1) pay the penalty;
35-13 (2) pay the penalty and file a petition for judicial
35-14 review contesting the occurrence of the violation, the amount of
35-15 the penalty, or both; or
35-16 (3) without paying the penalty, file a petition for
35-17 judicial review contesting the occurrence of the violation, the
35-18 amount of the penalty, or both.
35-19 (b) Within the 30-day period, a person who acts under
35-20 Subdivision (3) of Subsection (a) of this section may:
35-21 (1) stay enforcement of the penalty by:
35-22 (A) paying the penalty to the court for
35-23 placement in an escrow account; or
35-24 (B) giving to the court a supersedeas bond
35-25 approved by the court for the amount of the penalty that is
35-26 effective until all judicial review of the board's order is final;
36-1 or
36-2 (2) request the court to stay enforcement of the
36-3 penalty by:
36-4 (A) filing with the court a sworn affidavit of
36-5 the person stating that the person is financially unable to pay the
36-6 penalty and is financially unable to give the supersedeas bond; and
36-7 (B) giving a copy of the affidavit to the
36-8 executive director by certified mail.
36-9 (c) On receipt of a copy of an affidavit under Subdivision
36-10 (2) of Subsection (b) of this section, the executive director may
36-11 file with the court, not later than the fifth day after the date
36-12 the copy is received, a contest to the affidavit. The court shall
36-13 hold a hearing on the facts alleged in the affidavit as soon as
36-14 practicable and shall stay the enforcement of the penalty on
36-15 finding that the alleged facts are true. The person who files an
36-16 affidavit has the burden of proving that the person is financially
36-17 unable to pay the penalty and to give a supersedeas bond.
36-18 Sec. 10.05. COLLECTION OF PENALTY. If the person does not
36-19 pay the penalty and the enforcement of the penalty is not stayed,
36-20 the executive director may refer the matter to the attorney general
36-21 for collection of the penalty.
36-22 Sec. 10.06. STANDARD OF JUDICIAL REVIEW. The order of the
36-23 board is subject to judicial review under the substantial evidence
36-24 rule.
36-25 Sec. 10.07. REMITTANCE OF PENALTY AND INTEREST. (a) If the
36-26 court sustains the occurrence of the violation, the court may
37-1 uphold or reduce the amount of the penalty and order the person to
37-2 pay the full or reduced penalty. If the court does not sustain the
37-3 occurrence of the violation, the court shall order that no penalty
37-4 is owed.
37-5 (b) If after judicial review the administrative penalty is
37-6 reduced or not imposed by the court, the court shall, after the
37-7 judgment becomes final:
37-8 (1) order that the appropriate amount, plus accrued
37-9 interest, be remitted to the person if the person paid the penalty;
37-10 or
37-11 (2) order the release of the bond if the penalty is
37-12 not imposed or order the release of the bond after the person pays
37-13 the penalty if the person posted a supersedeas bond.
37-14 (c) The interest paid under Subdivision (1) of Subsection
37-15 (b) of this section is the rate charged on loans to depository
37-16 institutions by the New York Federal Reserve Bank. The interest
37-17 shall be paid for the period beginning on the date the penalty is
37-18 paid and ending on the date the penalty is remitted.
37-19 SUBCHAPTER K. CRIMINAL PENALTY
37-20 Sec. 11.01. CRIMINAL PENALTY. (a) A person commits an
37-21 offense if the person:
37-22 (1) practices or offers to practice the geosciences in
37-23 this state without being licensed or exempted from licensure under
37-24 this Act;
37-25 (2) presents or attempts to use the license or the
37-26 seal of another;
38-1 (3) gives false or forged evidence to the board or to
38-2 a member of the board in obtaining a license; or
38-3 (4) otherwise violates this Act.
38-4 (b) An offense under Subsection (a) of this section is a
38-5 Class A misdemeanor.
38-6 SUBCHAPTER L. OTHER ENFORCEMENT PROVISIONS
38-7 Sec. 12.01. INJUNCTION. The board may seek an injunction
38-8 against a violation of this Act or a rule adopted under this Act.
38-9 SUBCHAPTER M. TRANSITION
38-10 Sec. 13.01. TRANSITION. (a) An applicant who applies for a
38-11 license under this Act before September 1, 2000, may be qualified
38-12 for licensure without passing the written examination described by
38-13 Subdivision (4) of Section 6.05 if the applicant fulfills the
38-14 requirements of Subdivisions (1), (2), (3), and (5) of Section 6.05
38-15 of this Act.
38-16 (b) An initial member of the board who is required to be a
38-17 licensed geoscientist must be qualified for licensure under
38-18 Subsection (a) of this section.
38-19 (c) The governor shall make the initial appointments to the
38-20 board before November 1, 1999, as follows:
38-21 (1) three members for terms expiring in 2001;
38-22 (2) three members for terms expiring in 2003; and
38-23 (3) three members for terms expiring in 2005.
38-24 (d) The board shall hold its first meeting before January 1,
38-25 2000. The board shall adopt rules under this Act not later than
38-26 November 30, 2000.
39-1 (e) A person is not required to obtain a license under this
39-2 Act until January 1, 2001.
39-3 SECTION 2. AMENDMENT. Section 232.002, Family Code, is
39-4 amended to read as follows:
39-5 Sec. 232.002. Licensing Authorities Subject to Chapter. The
39-6 following state agencies are licensing authorities subject to this
39-7 chapter:
39-8 (1) Department of Agriculture;
39-9 (2) Texas Commission on Alcohol and Drug Abuse;
39-10 (3) Texas Alcoholic Beverage Commission;
39-11 (4) Texas Appraiser Licensing and Certification Board;
39-12 (5) Texas Board of Architectural Examiners;
39-13 (6) State Board of Barber Examiners;
39-14 (7) Texas Board of Chiropractic Examiners;
39-15 (8) Comptroller of Public Accounts;
39-16 (9) Texas Cosmetology Commission;
39-17 (10) Court Reporters Certification Board;
39-18 (11) State Board of Dental Examiners;
39-19 (12) Texas State Board of Examiners of Dietitians;
39-20 (13) Texas Funeral Service Commission;
39-21 (14) Texas Department of Health;
39-22 (15) Texas Department of Human Services;
39-23 (16) Texas Board of Professional Land Surveying;
39-24 (17) Texas Department of Licensing and Regulation;
39-25 (18) Texas State Board of Examiners of Marriage and
39-26 Family Therapists;
40-1 (19) Texas State Board of Medical Examiners;
40-2 (20) Midwifery Board;
40-3 (21) Texas Natural Resource Conservation Commission;
40-4 (22) Board of Nurse Examiners;
40-5 (23) Texas Board of Occupational Therapy Examiners;
40-6 (24) Texas Optometry Board;
40-7 (25) Parks and Wildlife Department;
40-8 (26) Texas State Board of Examiners of Perfusionists;
40-9 (27) Texas State Board of Pharmacy;
40-10 (28) Texas Board of Physical Therapy Examiners;
40-11 (29) Texas State Board of Plumbing Examiners;
40-12 (30) Texas State Board of Podiatric Medical Examiners;
40-13 (31) Polygraph Examiners Board;
40-14 (32) Texas Board of Private Investigators and Private
40-15 Security Agencies;
40-16 (33) Texas State Board of Examiners of Professional
40-17 Counselors;
40-18 (34) State Board of Registration for Professional
40-19 Engineers;
40-20 (35) Department of Protective and Regulatory Services;
40-21 (36) Texas State Board of Examiners of Psychologists;
40-22 (37) Texas State Board of Public Accountancy;
40-23 (38) Department of Public Safety of the State of
40-24 Texas;
40-25 (39) Public Utility Commission of Texas;
40-26 (40) Railroad Commission of Texas;
41-1 (41) Texas Real Estate Commission;
41-2 (42) State Bar of Texas;
41-3 (43) Texas State Board of Social Worker Examiners;
41-4 (44) State Board of Examiners for Speech-Language
41-5 Pathology and Audiology;
41-6 (45) Texas Structural Pest Control Board;
41-7 (46) Board of Tax Professional Examiners;
41-8 (47) Secretary of State;
41-9 (48) Supreme Court of Texas;
41-10 (49) Texas Transportation Commission;
41-11 (50) State Board of Veterinary Medical Examiners;
41-12 (51) Board of Vocational Nurse Examiners;
41-13 (52) Texas Ethics Commission;
41-14 (53) Advisory Board of Athletic Trainers;
41-15 (54) State Committee of Examiners in the Fitting and
41-16 Dispensing of Hearing Instruments;
41-17 (55) Texas Board of Licensure for Professional Medical
41-18 Physicists; [and]
41-19 (56) Texas Department of Insurance;[.]
41-20 (57) Texas Board of Orthotics and Prosthetics;
41-21 (58) Texas Board of Professional Geoscientists.
41-22 SECTION 3. EFFECTIVE DATE. This Act takes effect September
41-23 1, 1999, except that Section 6.01 and Subchapters J and K, Texas
41-24 Geoscience Practice Act, as adopted by this Act, take effect
41-25 January 1, 2001.
41-26 SECTION 4. EMERGENCY. The importance of this legislation
42-1 and the crowded condition of the calendars in both houses create an
42-2 emergency and an imperative public necessity that the
42-3 constitutional rule requiring bills to be read on three several
42-4 days in each house be suspended, and this rule is hereby suspended.